On January 30, 2007, the United States Department of Justice notified the Orange County Sheriff’s Office (OCSO) of its intention to investigate the use of electronic control devices (ECD’s) by OCSO pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The ... read more >

On January 30, 2007, the United States Department of Justice notified the Orange County Sheriff’s Office (OCSO) of its intention to investigate the use of electronic control devices (ECD’s) by OCSO pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The investigation of OCSO was focused solely on an alleged pattern or practice of excessive force in OCSO’s use of electronic control weapons (ECW).

The Department of Justice conducted two multi-day on-site visits of the Sheriff’s Office during June and November of 2007. During those on-site tours, the DOJ representatives reviewed all relevant Sheriff’s Office policies, audited agency training classes, participated in ride-alongs with agency field personnel, and conducted extensive interviews with a cross-section of Orange County Sheriff’s Office command staff, supervisors and deputies.

On August 20, 2008, the DOJ issued a findings letter, which recommended certain practices and procedures to improve the Sheriff’s Office written policies, training, and accountability processes pertaining to the use of ECD weapons. For instance, the DOJ recommended that OCSO policy require a verbal warning prior to ECW deployment; expressly state that ECW deployment is appropriate only when encountering Level 4 orhigher resistance and that ECW deployment is inappropriate when deputies encounter passive resistance as defined in Levels 1 through 3; revise its ECW policy to prohibit ECW deployment against handcuffed or otherwise restrained subjects unless the subject is exhibiting Level 5 or higher resistance; prohibit the deployment of the ECW against a subject in physical control of a vehicle in motion, absent exigent circumstances.

Since the investigation, the DOJ and the Orange County Sheriff’s Office have workedtogether to revise and improve the existing OCSO policies and procedures. OCSO contended that it has made considerable progress with improving OCSO’s written policies, training, and accountability processes pertaining to the use of CED weapons.

In September 2010, the DOJ and the OCSO entered into a Memorandum of Agreement which set forth objective measurements to enable the DOJ to verify compliance. In the settlement, OCSO agreed to: develop and implement an ECW policy to prohibit reckless and careless use and storage of the ECW; implement policies to train supervisors; instruct deputies to notify emergency medical personnel under circumstances; and develop training courses.

After reviewing policy, attending ECD training sessions, reviewing Use of Force reports and the accountability measures implemented, the DOJ issued its findings determining that as of October 1, 2011, the OCSO had demonstrated substantial compliance. Since then, the DOJ entered a period of continued monitoring, which expired March 31, 2013.

On April 2, 2013, DOJ notified Orange County Sheriff's Office that OCSO has maintained compliance for 18 months as required by the agreement. The data also demonstrated a significant decrease in the use of Electronic Control Devices.